Notice of Denial of Petition for Decision That Nonconforming Model Year 2017-2019 Mercedes-Benz Maybach S600 Pullman Passenger Cars Are Eligible for Importation |
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Topics: Mercedes-Benz S600
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Jeffrey Mark Giuseppe
National Highway Traffic Safety Administration
17 March 2021
[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Notices]
[Pages 14672-14674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05440]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2019-0117; Notice 2]
Notice of Denial of Petition for Decision That Nonconforming
Model Year 2017-2019 Mercedes-Benz Maybach S600 Pullman Passenger Cars
Are Eligible for Importation
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition for determination of import eligibility.
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SUMMARY: G&K Automotive Conversion, Inc. (G&K or Petitioner) has
petitioned NHTSA for a decision that model year 2017-2019 Mercedes-Benz
Maybach S600 Pullman vehicles that were not originally manufactured to
comply with all applicable Federal motor vehicle safety standards
(FMVSS) are eligible for importation into the United States. In its
petition, G&K claims that these vehicles are eligible for import
because they are substantially similar to and of the same model year as
vehicles originally manufactured for import into and certified for sale
in the United States, and they are capable of being readily altered to
conform to all applicable FMVSS. This document announces the denial of
G&K's petition.
FOR FURTHER INFORMATION CONTACT: Robert Mazurowski, Office of Vehicle
Safety Compliance, NHTSA (202-366-1012).
SUPPLEMENTARY INFORMATION:
I. Background
A motor vehicle that was not originally manufactured to conform to
all applicable FMVSS may be eligible for import into the United States
if NHTSA determines that the motor vehicle is (1) substantially similar
to a motor vehicle originally manufactured for importation into and
certified for sale in the United States, (2) of the same model year as
the model of the motor vehicle to which it is being compared, and (3)
capable of being readily altered to conform to all applicable FMVSS.
See 49 U.S.C. 30141(a)(1)(A).\1\ If NHTSA determines that a
nonconforming vehicle is import eligible, any such nonconforming
vehicle imported into the United States must be modified into
conformance and certified as conforming by a registered importer before
it is sold or otherwise released from the custody of the registered
importer. 49 U.S.C. 30146(a)(1); 49 CFR 592.6.\2\
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\1\ This provision was codified at 15 U.S.C. 1397(c)(3)(A) prior
to the 1994 recodification of the transportation laws.
\2\ A registered importer is an importer that has registered
with NHTSA under 49 CFR part 592 and is therefore authorized to
modify and then certify imported vehicles as compliant with all
applicable FMVSS.
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Petitions for import eligibility decisions may be submitted by
either manufacturers or registered importers and must comply with the
requirements set forth in 49 CFR 593.6. A petition based on the
existence of a substantially similar conforming vehicle manufactured
for import and certified for sale in the United States must include,
among other things, ``[d]ata, views and arguments demonstrating that
the vehicle [which is the subject of the petition] is substantially
similar to the
[[Page 14673]]
vehicle identified by the petitioner'' as a comparison vehicle. Id.
Sec. 593(a)(4). The petition also must include, with respect to each
of the FMVSS applicable to the comparison vehicle, ``data, views, and
arguments demonstrating that the vehicle [which is the subject of the
petition] either was originally manufactured to conform to such
standard, or is capable of being readily modified to conform to such
standard.'' Id. Sec. 597.6(a)(4).
As specified in 49 CFR 593.7, NHTSA publishes notice of each
petition that it receives in the Federal Register and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides whether the vehicle is
eligible for importation based on the petition, its review of any
comments received, and the agency's own analysis. NHTSA will grant a
petition for import eligibility if it ``determines that the petition
clearly demonstrates that the vehicle model is eligible for
importation'' and will deny the petition if it ``determines that the
petition does not clearly demonstrate that the vehicle model is
eligible for importation.'' 49 CFR 593.7(e)-(f). NHTSA then publishes
its decision and the reasons for it in the Federal Register. Id.
II. Summary of Petition
G&K, a registered importer, located in Santa Ana, California has
petitioned NHTSA to decide whether nonconforming model year 2017-2019
Mercedes-Benz Maybach S600 Pullman passenger cars (the Subject
Vehicles) are eligible for importation into the United States. In its
petition, G&K contends the Subject Vehicles are substantially similar
to model year 2017-2019 Mercedes-Benz Maybach S600 passenger cars (the
Comparison Vehicles) sold in the United States and certified by their
manufacturer as conforming to all applicable FMVSS. G&K's petition
states that the Subject Vehicles are ``manufactured by Mercedes Benz in
Germany for the European market'' and that ``Mercedes Benz has also
used its licensed manufacturer Brabus for additional features that are
added to the vehicles.'' \3\ The petition does not identify these
additional features, but states that the gross vehicle weight rating
(GVWR) of the Subject Vehicles is 7,946 pounds and that the GVWR of the
Comparison Vehicles is 6,206 pounds.
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\3\ The agency interprets petitioner's references to ``Mercedes
Benz'' as a reference to Mercedes-Benz AG, the German motor vehicle
manufacturer with headquarters in Stuttgart, Germany, and its
reference to ``Brabus'' as a reference to BRABUS GmbH, an automotive
aftermarket company in Bottrop, Germany.
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Although G&K's petition states that it is requesting an import
eligibility decision for model years 2017, 2018, and 2019 of the
Subject Vehicles, G&K's petition is based solely on its inspection of a
model year 2018 Subject Vehicle. The petition makes no reference to any
inspection or analysis involving a model year 2017 or model year 2019
Subject Vehicle and no representation regarding the similarity of or
differences between model year 2017, 2018, and 2019 Subject Vehicles.
The petition also fails to state whether the comparison performed by
G&K involved a model year 2017, 2018, or 2019 Comparison Vehicle.
G&K's petition nonetheless states that its analysis of the Subject
Vehicles and the Comparison Vehicles compels the conclusion that the
vehicles are substantially similar. Specifically, Petitioner states
that the Subject Vehicles, as originally manufactured, conform to:
FMVSS Nos. 102, Transmission Shift Position Sequence, Starter
Interlock, and Transmission Braking Effect; 103, Windshield Defrosting
and Defogging Systems; 104, Windshield Wiping and Washing Systems; 106,
Brake Hoses; 113, Hood Latch System; 114, Theft Protection and Rollaway
Prevention; 116, Motor Vehicle Brake Fluids; 118, Power-Operated
Window, Partition, and Roof Panel System; 124, Accelerator Control
Systems; 126, Electronic Stability Control Systems; 135, Light Vehicle
Brake Systems; 138, Tire Pressure Monitoring Systems; 139, New
Pneumatic Radial Tires; 201, Occupant Protection in Interior Impact,
202; Head Restraints; Applicable at the Manufacturers Option until
September 1, 2009; 204, Steering Control Rearward Displacement; 205,
Glazing Materials; 206, Door Locks and Door Retention Components; 207,
Seating Systems; 208, Occupant Crash Protection; 209, Seat Belt
Assemblies; 210, Seat Belt Assembly Anchorages; 212, Windshield
Mounting; 214, Side Impact Protection; 216, Roof Crush Resistance;
Applicable unless a Vehicle is Certified to Sec. 571.216a; 219,
Windshield Zone Intrusion; 225, Child Restraint Anchorage Systems; and
302, Flammability of Interior Materials. With respect to many of these
standards, G&K states that the Subject Vehicles utilize the same
components as the Comparison Vehicles and claims, without any
supporting analysis, that the Subject Vehicles are therefore compliant.
With respect to FMVSS No. 126 (Electronic Stability Control), G&K
states only that the Subject Vehicles ``come with an Electronic
Stability Control system that complies with this standard.'' With
respect to FMVSS No. 214 (Side Impact Protection), G&K acknowledges
differences between the Subject Vehicles and Comparison Vehicles, but
claims that ``both [vehicles] meet the requirements of this standard.''
G&K's petition further claims that the Subject Vehicles are capable
of being readily altered to meet the following FMVSS, in the manner
indicated: FMVSS No. 101, Controls and Displays--by programming of the
speedometer for units of miles per hour; FMVSS No. 108, Lamps,
Reflective Devices and Associated Equipment--by the replacement of
headlamps and front and rear side marker assemblies; FMVSS No. 110,
Tire Selection and Rims--by the addition of tire information placard;
FMVSS No. 111, Rear Mirrors--by the inscription of the required warning
statement on the face of the passenger mirror; FMVSS No. 301, Fuel
System Integrity--by the inspection and if necessary replacement of
original fuel system components in the Subject Vehicles with components
from the Comparison Vehicles; and FMVSS No. 401, Interior Trunk
Release--by the addition of a trunk release. With respect to the fuel
system integrity requirements of FMVSS No. 301, G&K's petition does not
explain how it will determine what fuel system components need to be
replaced or how it will determine, following the replacement of those
unidentified components, whether the vehicles comply with the
requirements of that standard.
G&K provides no data or technical analysis supporting any of its
claims regarding the as-built compliance of the Subject Vehicles with
the FMVSS it identified or their ability to be readily modified into
compliance with any of the other FMVSS. Instead, it states that ``[a]ll
statements concerning compliance of the [Subject Vehicles] with
applicable FMVSS, or modifications required to enable the [Subject
Vehicles] to comply with applicable FMVSS, are the result of a detailed
inspection and investigation of available literature comparing the
[Subject Vehicles] with the [Comparison Vehicles].'' No such literature
was identified in or included with G&K's petition.
III. Public Comments
A Notice of Receipt of G&K's Petition Was Published in the Federal
Register for public comment for a period of 30 days. 84 FR 72133 (Dec.
30, 2019). No public comments were submitted in response to the Notice
of Receipt.
[[Page 14674]]
IV. NHTSA's Analysis
NHTSA's review of information submitted by the Petitioner, publicly
available information, data obtained from the manufacturer and images
of the Subject Vehicle and Comparison Vehicle indicates that the
Subject and Comparison Vehicles are not substantially similar. The
Petitioner has not met its burden of demonstrating that the Subject
Vehicles are eligible for import because they are substantially similar
to, and of the same model year, as vehicles originally manufactured for
import into and certified for sale in the United States, and therefore
capable of being readily altered to conform to all applicable FMVSS.
Although both the Comparison and Subject vehicles appear to share a
common platform, the Comparison Vehicle offered by the petitioner is a
traditional passenger car while the Subject Vehicle is a limousine. The
Subject Vehicle has a partition between the driver and passenger
compartments, forward and rear-facing seating in the rear passenger
compartment, and a different engine and suspension system. The Subject
Vehicles and Comparison vehicles differ in overall length and wheelbase
by 41 inches, have a roof height difference of 4 inches and the Subject
Vehicle is 1,700 pounds heavier than the Comparison Vehicle.
As part of its analysis, NHTSA sought input from the manufacturer
of both the Subject Vehicles and the Comparison Vehicles. In response
to the agency's question of whether the Subject Vehicles and Comparison
vehicles were, or were not, substantially similar, the manufacturer
responded by comparing the Subject Vehicle to the 2019 model year
Maybach S650:
It is Mercedes-Benz's position that the S600 Pullman cannot be
considered substantially similar to the Maybach S650, primarily
because of mass (2820 kg vs 3600 kg), which translates to
differences in crash tests, braking distance, and tire loads.\4\
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\4\ Introduced for model year 2019, the Mercedes-Benz Maybach
S650 is a successor vehicle to the Mercedes-Benz Maybach S600. The
dimensions of the Maybach S650, including length, wheel base, roof
height, and weight are nearly identical to the Maybach S600, and the
comments from the manufacturer therefore apply equally to any
comparison between the Subject Vehicles and the Comparison Vehicles.
A copy of the correspondence between NHTSA and Mercedes-Benz USA is
included in the public docket. See Mercedes-Benz Pullman Response,
Docket ID: NHTSA-2019-0117 (available at www.regulations.gov).
While the response did not directly address the similarity or
differences between the Subject Vehicle and Maybach S600, we note that
that the difference in size and mass between the Subject and Comparison
Vehicle is significant and the information provided by the manufacturer
relating to crash test, braking and tire loading performance still
apply.
NHTSA also finds that G&K's petition fails to establish that it
involves a comparison of vehicles of the same model year. Although the
petition states that G&K inspected a model year 2018 Subject Vehicle,
it does not identify the model year of any Comparison Vehicle with
which it was compared. The petition also fails to include any reference
to a comparison involving a model year 2017 or model year 2019 Subject
Vehicle with any specific model year Comparison Vehicle.
NHTSA further finds that G&K's petition fails to establish that the
Subject Vehicles are capable of being readily altered to conform to all
applicable FMVSS. As previously noted, the petition relies heavily on
assertions that the as-built Subject Vehicles conform with many of the
applicable FMVSS because they utilize the same components as the
certified Comparison Vehicles. These assertions are not persuasive
because many of the standards at issue are vehicle standards (as
opposed to equipment standards). The considerable differences in size
and configuration between the Subject and Configuration vehicles is
contrary to any assumption that components or design features found on
the smaller vehicle will deliver acceptable performance on a larger
one. The fact that one vehicle includes some common components with a
different, compliant vehicle does not necessarily support the
conclusion that the first vehicle is also compliant. With a longer
wheelbase, greater mass, and different suspension, the crash test and
other dynamics of the Subject Vehicles will necessarily be different
than those of the Comparison Vehicles. As the manufacturer observed,
the different mass of the two vehicles ``translates to differences in
crash tests, braking distance, and tire loads.'' The manufacturer also
confirmed that ``there is no documentation existing within MB-AG to
indicate that the [Subject Vehicles] were tested for conformance to the
FMVSS.'' See Mercedes-Benz Pullman Response, Docket ID: NHTSA-2019-0117
(available at www.regulations.gov).
Based on the differences between the Subject Vehicles and the
Comparison Vehicles, NHTSA takes issue with some of the factual
assertions in G&K's petition. For example, G&K states that the Subject
Vehicle ``comes equipped with a body/roof and support structure and
components identical to those found in the [Comparison Vehicle] and
therefore meets the requirements of FMVSS 216'' (Roof Crush
Protection). Given the different dimensions (including length, wheel
base, and roof height) of the two vehicles, the statement regarding
identical body and roof components cannot be accurate. Likewise, given
the difference in mass (1,700 pounds), there is no basis for assuming
that that the heavier Subject Vehicle complies in the same manner as
the lighter Comparison Vehicle.
As noted above, G&K also fails to explain, with respect to the fuel
system integrity requirements of FMVSS No. 301, how it could determine
what components need to be replaced and whether those proposed
components will ensure compliance with that standard. G&K also fails to
acknowledge that the different configuration of the Subject Vehicles
makes them subject to additional standards beyond those applicable to
the Comparable Vehicles, including the FMVSS No. 118 requirements
applicable to electronic partitions between the driver and passenger
compartments.
V. NHTSA's Decision
Petitioner has failed to demonstrate that the Subject Vehicles are
substantially similar to the Comparison Vehicles, failed to demonstrate
that its comparison involved vehicles of the same model year, and
failed to demonstrate that the Subject Vehicles are capable of being
readily altered to conform to all applicable FMVSS. In addition, based
on available information, the Subject Vehicles do not meet the
statutory requirements. The petition therefore is denied. Pursuant to
49 CFR 593.7(e), NHTSA will not consider a new petition covering the
models that are the subject of this decision until at least 3 months
from the date of this notice of denial.
(Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49 CFR
593.7; delegation of authority at 49 CFR 1.95 and 501.8.)
Jeffrey Mark Giuseppe,
Associate Administrator for Enforcement.
[FR Doc. 2021-05440 Filed 3-16-21; 8:45 am]
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